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Understanding How India’s Courts Are Protecting Brand Identity Through Trade Dress
Introduction You know that feeling, when you’re strolling through a pharmaceutical aisle and you instantly spot a product? Even from a distance where the label can’t be read? For instance, if a consumer picks up a tube of The Derma Co. serum from a pharmacy shelf, there are high chances that the consumer instantly notices its clean orange-and-white color palette and minimalist sans-serif typography. This phenomenon is called brand identity, and in the vocabulary of Intellectu
Apr 228 min read


Synthetically Generated Information regulation under the Information Technology (Amendment) Rules, 2026
Introduction The age of the internet has evolved drastically over the decades, which started off with the development of computer programming language to now, with the emergence of artificial intelligence, which uses large language models (LLMs) for its training, machine learning, etc., which are highly capable of generating and creating audio, video, and visuals that closely mimic reality. The most widely talked about and debated topic is the generative model of AI, which pr
Apr 2111 min read


Auditor Independence Under Companies Act: Section 144 Jurisprudence and 3-Year Cooling-Off Expansion
The proposed amendment to Section 144 of the Companies Act, 2013 introduces a three-year cooling-off period prohibiting outgoing auditors from rendering non-audit services to the company, its holding, or subsidiaries. This reform, flagged in March 2026 Companies Amendment Bill, addresses persistent independence erosion despite statutory prohibitions, building on NFRA’s enforcement actions and global scandals like Satyam (2009). Historical Foundations Pre-2013 Era: Companies
Apr 205 min read


BCI Posh Guidelines 2026: Mandatory ICC Framework Transforms Legal Workplaces
The Bar Council of India issued workplace safety guidelines on March 3, 2026, making POSH Act compliance mandatory for all legal bodies including bar associations, law firms, and individual chambers. These guidelines establish clear requirements for Internal Complaints Committees and prevention measures, addressing long-standing gaps in protecting women in the legal profession. Core Guidelines Every bar association and law firm with more than ten members must constitute an In
Apr 174 min read


India’s Data Protection Board: The Enforcer That Isn’t There Yet
Introduction and Legislative Background The data protection law of India has been in development for many years and is currently at a crucial point. The Digital Personal Data Protection Act 2023 (DPDP Act) is a major piece of legislation that establishes a comprehensive framework for the protection of personal data. Nevertheless, there have been delays in the establishment of the enforcement agency of the Act, namely, the Data Protection Board of India (DPBI). The DPDP Act go
Apr 164 min read


Trademark Treatment in IBC 2016: How Brands Are Handled in CIRP and Liquidation Proceedings
Introduction What is a brand? For a business, it is everything. A trademark is no longer just a logo or a name, but it is an identity of a business, it is a representation of the identity, trust, and customer loyalty and a substantial commercial value. Sometimes in this world, brand recognition often surpasses physical assets in terms of monetary value, and therefore, the fate of trademarks during insolvency has become a critical issue in the legal and business circles. The I
Apr 1510 min read


China’s 2026 Foreign Trade Law Revision: Transforming IPR into Trade Policy Weapon
China’s revised Foreign Trade Law, effective March 1, 2026, marks a watershed moment by institutionalizing intellectual property rights as a cornerstone of trade governance through a dedicated Chapter V. This legislative pivot elevates IPR enforcement from administrative remedy to strategic trade instrument, recalibrating China’s global commercial posture amid escalating technology rivalries. Legislative Architecture The National People’s Congress Standing Committee adopted
Apr 144 min read


Patents vs Copyright vs Trademark: Key Differences
Introduction Human beings, since time immemorial, had a desire to possess and own something which they consider as their own. This property can be either corporeal (tangible) or incorporeal (intangible). In R. C. Cooper v. Union of India [1] , the Supreme Court defined the property to mean “the highest right a man can have to anything being that right which one has to lands or tenements, goods or chattels which does not depends on another’s courtesy: it includes ownership, es
Apr 134 min read


Got Foreign Investment? Don’t Miss These FEMA Compliances in the First 30 Days
Receiving foreign investment is good for start-up and MSME or for any other type of entity. It is really like a booster for growing businesses. It doesn’t matter the funds have been received in initial stages or later stage of businesses. But this is the stage where many companies do not what is the compliances and what are the time lines. In India, foreign investments are regulated under FEMA, and the rules are quite clear. Still, in practice, many businesses miss timelines
Apr 114 min read


From Waste to Worth: EPR’s Role in the Textile Industry
What is EPR? Extended Producer Responsibility (EPR) holds producers responsible for the whole lifecycle of their products, including disposal and recycling. It is a crucial step in preserving the environment and properly disposing of waste. EPR policies were developed in response to the need to address increasing waste and inefficiency in traditional disposal systems. They aim to create a circular economy, in which materials are reused and recycled rather than destroyed. Indi
Apr 105 min read


Deepfakes and Personality Rights: the IP Law Gap in India
Your Face Is Not Your Own Anymore: Deepfakes, Personality Rights and Why Indian IP Law is Falling behind. Somewhere in late 2023, a video started spreading on the Indian social media. Actress Rashmika Mandanna was in it, seemingly doing something she had not done, saying something she had not said. The video looked real. It sounded real. It was fake as well, it was a deepfake, a fake made by an artificial intelligence that had superimposed her face on another body with distur
Apr 811 min read


Keyword Bidding V. “Bait & Switch”: MakeMyTrip V. Google At War with The Dark Patterns Guidelines, 2026
Introduction The advent of digital advertising has brought trademark law into direct conflict with online market practices, particularly keyword bidding. The use of competitors’ trademarks by businesses to promote their own goods and services, albeit as invisible keywords, has often been debated as “infringement”, thereby causing unfair advantages and consumer confusion. Courts reveal a relatively permissive stance, as per established precedents, but the enactment of the Dark
Apr 77 min read
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